The Effects of Asbestos on the Human Body

Prolonged exposure to asbestos fibres can lead to mesothelioma, a type of cancer that affects the thin membrane protecting several of the body’s vital organs. Many people who develop this life-threatening illness find they have been exposed to asbestos in an occupational setting.

Even minimal exposure to asbestos can pose a considerable risk to the health of those who have been in the immediate vicinity. Because asbestos-related illnesses such as mesothelioma develop slowly, often taking years to become apparent, conditions can be difficult to detect.

Below, read expert advice on mesothelioma and asbestos-related conditions from our experienced industrial disease solicitors. Manchester, Liverpool and London-based employees and residents should make sure to understand the signs of these illnesses and their legal rights.

How Does Mesothelioma Develop?

Exposure to asbestos is more likely to occur when materials that contain asbestos are disturbed or loosened, which releases the fibres into the air. This can happen in industrial environments, older buildings, and during renovation or demolition activities involving asbestos-containing materials.

Recognising the signs of asbestos exposure is crucial for early intervention. These signs may include persistent coughing, shortness of breath and chest pain, which are often overlooked due to their subtle nature. Early detection and medical consultation are vital for those experiencing such symptoms, especially if they have a history of potential asbestos exposure.

How Can Asbestos Related Illness Be Prevented?

Employers have a legal responsibility to prevent asbestos exposure, particularly in workplaces and residential buildings. This responsibility is underpinned by stringent health and safety regulations, such as the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999. These mandate the proper management and safe handling of asbestos-containing materials and are designed to protect individuals from the severe health risks associated with asbestos exposure.

The responsibility extends beyond compliance with safety standards. Employers must conduct regular risk assessments to identify the presence of asbestos and take proactive measures to either safely remove it or ensure that it remains undisturbed and safely contained. Employers must also provide appropriate training and protective equipment to employees who are likely to come into contact with asbestos. Additionally, they must implement emergency procedures for accidental disturbances of asbestos-containing materials.

In cases where removing asbestos is not immediately possible, clear signage and access restrictions can minimise exposure. Regular monitoring and maintenance become vitally important in such scenarios to prevent the deterioration of asbestos-containing materials and subsequent fibre release.

What Are Your Legal Rights if You Have Been Exposed to Asbestos?

UK law mandates that employers and landlords provide a safe environment. This includes managing asbestos risks effectively. If this duty is breached, leading to your exposure to asbestos, you have the right to seek legal redress.

If you develop an illness due to asbestos exposure, you have the right to claim compensation. This applies whether the exposure was recent or occurred many years ago, acknowledging the delayed onset of asbestos-related diseases.

You have the right to seek legal representation to pursue a claim. This includes consulting solicitors who specialise in asbestos-related cases, ensuring you have expert guidance.

You also have the right to be informed about the presence of asbestos in your workplace or residential property. Employers and landlords must provide this information and ensure that you are aware of any asbestos-related risks.

While there are time limits for making a claim (usually three years from the date of diagnosis), the unique nature of asbestos-related illnesses often allows for flexibility, considering the long latency period of these diseases.

It's important to exercise these rights if you have been exposed to asbestos. Doing so not only provides a pathway to compensation but also reinforces the importance of strict asbestos management and safety standards.

Can I Claim for Asbestos Exposure?

In most cases, you can claim for asbestos exposure, but there are specific criteria and considerations to be aware of:

1. Proof of exposure and negligence: to successfully claim compensation, you will need to demonstrate that you were exposed to asbestos due to someone else's negligence. This could be an employer who failed to provide adequate protection or a landlord who did not safely manage asbestos-containing materials in your living environment.
2. Medical evidence: a key component of an asbestos exposure claim is medical evidence linking your condition to asbestos. This typically involves a diagnosis of an asbestos-related illness, such as mesothelioma, asbestosis or lung cancer.
3. Time limits: in the UK, there is usually a three-year limit from the time you become aware of your condition to make a claim. However, due to the latent nature of asbestos-related diseases, which can take decades to manifest, exceptions to this rule are often made.
4. Employment history: if your exposure occurred in a workplace, your employment history and records of working conditions can be vital evidence. This includes details of the companies you worked for and the nature of your exposure.

At JMW, we have a dedicated team of experts who can advise you on the viability of your claim, assist with gathering the required evidence, and represent you throughout the legal process. Our goal is to ensure that you receive the compensation you deserve for your suffering.

Can I Sue My Landlord for Asbestos Exposure?

In the UK, landlords have a legal duty to ensure their properties are safe and free from health hazards, including asbestos. If your landlord has failed to manage asbestos risks adequately, resulting in your exposure, they could be found to have been negligent.

To make an asbestos claim against your landlord, you will need to demonstrate that they were negligent in managing asbestos in the property. This could involve showing that they were aware of the asbestos but failed to take appropriate action or that they didn’t conduct necessary inspections or maintenance.

Similar to other asbestos exposure claims, you must establish a link between your exposure in the rented property and your asbestos-related illness. Medical evidence and expert testimony can be important in proving this connection.

Your claim's success may also depend on whether you reported any concerns about asbestos to your landlord and their response to these concerns. Documenting these communications can be vital evidence.

At JMW, we are equipped to provide expert legal advice and representation in asbestos claims. Our team understands the nuances of these cases and is committed to helping you achieve the best possible outcome.

Making an Asbestos Compensation Claim

If you’ve been exposed to asbestos and developed a related health condition, you may be entitled to make a compensation claim. Doing so will go a long way in helping you to get the support and finances you need.

To make a successful claim, you will need to gather evidence of your illness and what caused it. This may include medical reports confirming your condition is asbestos-related, employment records showing your work history in environments where asbestos was present, and any documentation of reported safety concerns or asbestos presence in your workplace or residence.

JMW's expert industrial disease and asbestos compensation team specialises in asbestos exposure claims and can provide the legal expertise and support needed to navigate a legal case. We understand the devastating impact an asbestos-related illness can have, and we are committed to helping you secure the compensation you deserve.

What is the Process for Making Asbestos-Related Compensation Claims?

The process of making an asbestos-related compensation claim varies case-by-case, but it generally involves these key steps:

1. Initial consultation: we will assess the merits of your case and advise you on what to expect going forward.
2. Medical diagnosis: if you haven't already, you will need to obtain a medical diagnosis linking your illness to asbestos exposure. This is an important piece of evidence in any injury claim and will help to establish your illness and what caused it.
3. Gathering evidence: if you decide to proceed with your claim, we'll help you collect evidence to support your claim. This can include medical records, details of your employment history and any records of asbestos presence or exposure in your workplace or residence.
4. Submitting the claim: your solicitor will help you formally submit your claim against the party responsible for your exposure. This could be an employer, a product manufacturer or a landlord. We will handle any and all communications on your behalf so you can avoid the stress of speaking with the party responsible for your illness.
5. Negotiations and settlement: the majority of personal injury claims are settled out of court. During this stage, your solicitor will negotiate with the defendant's insurance company to reach a fair compensation amount.
6. Court proceedings (if necessary): in the rare case a settlement can't be reached, your case may go to court. Throughout this process, your solicitor will represent you and present your evidence.

Once your claim is successful, either through a settlement or a court decision, you will receive compensation for your illness and related expenses.

How JMW Can Help

Our team of specialist asbestos solicitors is committed to providing not just legal expertise, but also compassionate support throughout the process of making an asbestos claim. 

We approach all of our personal injury claims on a no win, no fee basis. This means you will be at minimal financial risk when you decide to make an asbestos-related claim with JMW. Under a no win, no fee agreement, we will not expect you to pay our legal fees if we’re unsuccessful in claiming compensation for you. Also, we promise not to spring any surprise costs on you - your solicitor will discuss any predicted costs in advance of them arising.

In some cases, we may be able to facilitate interim payments for any urgent care costs you need to cover. This ensures that while your legal case is being handled, your immediate health and welfare needs are not neglected.

Why Choose JMW?

JMW's team of personal injury solicitors is highly experienced and recognised by prestigious legal institutions, such as The Legal 500 and Chambers & Partners guides. This recognition is a testament to the expertise and proficiency of our solicitors​​.

We recognise that personal injuries can bring immediate financial and care needs. In some cases, our solicitors can secure early compensation payouts when possible, helping you cover urgent expenses while your claim is ongoing.

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